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Summum v. Pleasant Grove City
Citation: 318 F. App'x 724Docket: No. 06-4057
Court: Court of Appeals for the Tenth Circuit; April 7, 2009; Federal Appellate Court
The court's order affirms the district court's denial of Summum's motion for a preliminary injunction based on the Supreme Court's ruling in Pleasant Grove City v. Summum. The Supreme Court reversed the Tenth Circuit's prior opinion, concluding that the defendants’ actions do not engage the Free Speech Clause of the First Amendment. Consequently, this determination is detrimental to Summum's claim of free speech rights violations. The case is remanded to the district court for further proceedings in accordance with the Supreme Court's decision. The mandate that had been previously stayed is now issued. The ruling includes Judge John L. Kane, Jr. of the District of Colorado sitting by designation.